§ 33-13. City's remedies for unpaid charges and fees.

(a)

Once the dispute resolution procedures contained in Section 33-11 have been exhausted or a Customer Account has been closed, any debts remaining after applying amounts provided as a deposit may be assigned by the city to a bona fide collection agency for collection. The Customer shall be responsible for all costs incurred by the City in collecting those delinquent funds pursuant to Glendale City Code, section 2-4, collection charges.

(b)

Lien for unpaid charges.

(1)

Once the procedures contained in Section 33-11 have been exhausted or a Customer Account has been closed, the City may elect to file a lien on the real property, lot or tract of land that received or benefited from the City's water and/or sewer service. The lien shall be filed in the amount of any debts remaining after applying amounts provided as a deposit.

(2)

Prior to filing such a lien, the City shall give notice to the property owner that the City intends to file a lien on the property unless all past charges due are paid within thirty (30) days.

(3)

If delinquent charges due are not paid within the (30) thirty-day grace period, the City shall prepare a "notice and claim of lien" and shall file one (1) copy with the county recorder. The City shall then promptly send, by certified mail return receipt requested, a copy to the property owner at his/her last known mailing address, and shall send a copy to the Customer to the address or the alternate mailing address on the Customer Account. The "notice and claim of lien" shall contain the following:

a.

A legal description of the property.

b.

The name of the customer or property owner.

c.

The amount owed, including; and

d.

The cost of preparing, processing and releasing the lien, which shall be added to the amount then due.

(4)

The lien shall attach and remain in effect on the property until all amounts owed are paid in full. The lien may be satisfied upon judgment of foreclosure and order of sale. The City shall have the right to bring an action to enforce the lien in Maricopa County Superior Court.

(5)

A prior recording for the purposes provided in this Section shall not be a bar to a subsequent recording of a lien for such purposes, and any number of such liens on the same premise may be enforced in the same action.

(c)

Delinquent service charges may also be collected by a civil suit, instituted in the name of the City, at any time after the charges become delinquent.

(d)

The remedies provided by this Section shall be cumulative and supplemental to all other remedies provided under this Article or applicable law, notwithstanding any other provision to the contrary.

(Ord. No. 3003, § 1(Exh. A), 9-27-16)